Facing sexual assault charges in Boulder Colorado is a serious matter that can have profound consequences on your life. However, being charged does not equate to being convicted. Understanding the legal defenses available and how they apply to your case is crucial. If you have been charged with a sex assault in Boulder, you need aggressive representation and knowledgable legal counsel to plan a path forward. Sex crimes have serious consequences and you should take that into consideration when hiring a lawyer.
Most felony sex assault cases in Colorado are hard fought legal battles. These type of cases typically involve the most experienced prosecutors, the most experienced law enforcement investigators, and sometimes, an expert witness.
If you or someone you know is facing sex assault charges in Boulder, you will want a highly rated and experienced criminal defense attorney in your corner.
Mr. Merson is a highly rated and experienced Boulder criminal defense attorney that is committed to providing you with high quality legal representation, including sex assaults. He has been practicing criminal defense for 20 years. If you are accused of sex assault, one of the questions you probably have is how an attorney would defend you in your case. Call today and schedule a free consultation so that you can get some answers.
Consent as a Defense
In Colorado, most sex crimes are only considered crimes if they are nonconsensual. If you can prove that the alleged victim consented to the sexual act, it may lead to an acquittal or force the prosecutor to drop the charges.
Express Consent: This occurs when the alleged victim clearly communicates their willingness to engage in the sexual act, either verbally or in writing.
Implied Consent: This is inferred from the alleged victim's conduct, such as body language or previous interactions. However, implied consent is a weaker defense and can be misinterpreted.
It's important to note that consent must be freely and knowingly given. Coercion, threats, or lack of understanding invalidate consent. Additionally, consent is not a defense in cases involving children, mentally disabled adults, or individuals who are incapacitated or physically helpless .
Challenging the Credibility of the Accuser
If there are inconsistencies in the accuser's statements or evidence suggesting a motive to fabricate the allegations, these can be used to challenge their credibility. Factors to consider include:
Inconsistencies: Differences between initial reports and later statements.
Motive: Possible reasons the accuser might have to lie, such as revenge, jealousy, or personal gain.
Delayed Reporting: A significant delay in reporting the alleged assault can raise questions about the truthfulness of the allegations .
Lack of Evidence
If the prosecution cannot provide sufficient evidence to prove the allegations beyond a reasonable doubt, the charges may be dismissed. This includes:
Absence of Physical Evidence: No DNA, fingerprints, or other forensic evidence linking you to the crime.
Lack of Witnesses: No corroborating testimony to support the accuser's claims.
Inconsistent Testimony: Discrepancies in the accuser's account or between witnesses .
False Allegations
In some cases, individuals may make false accusations for various reasons. If you can demonstrate that the allegations are fabricated, it can serve as a strong defense. Evidence supporting this includes:
Contradictory Statements: The accuser's story changes over time.
Alibi Evidence: Proof that you were elsewhere when the alleged assault occurred.
Motive to Lie: Evidence suggesting the accuser has a reason to fabricate the story .
Constitutional Violations
If law enforcement violated your constitutional rights during the investigation or arrest, such as conducting an illegal search or failing to read you your Miranda rights, any evidence obtained may be inadmissible in court. This can weaken the prosecution's case and may lead to a dismissal of charges .
If you or someone close to you is accused of a sex assault in Boulder, you need an experienced and zealous sex crimes lawyer. Mr. Merson has over 20 years experience as a criminal defense attorney and is highly rated. If you have been accused of a sex offense that carries some of the long lasting consequences mentioned above, your future is in jeopardy. Do not go into the fight without an experienced advocate. Choosing an experienced lawyer is the best decision you can make early on in your case. If you need representation in Longmont, Boulder, Fort Collins,Erie, Mead, Frederick, Firestone, Berthoud, Niwot, Dacono or Lyons schedule a free consultation today, Contact The Merson Law Office at 970-219-2923 or 303-776-3511. Or fill out an intake form here.